Miller v. Billington

Citations

• 194 Pa. 452
• 45 A. 372
• 1900 Pa. LEXIS 417

Syllabus

<p>Contract — Trade-mark—Royalties—Interests—Rests.</p> <p>Where an agreement to pay royalties on a trade-mark provides that quarterly statements shall be rendered and royalties paid in ten days thereafter, and it appears that no statements have been rendered, a master in stating an account may allow rests at every quarter, and compute interest on the amounts then due.</p> <p>Contract — Patented article — Interest—Partnership.</p> <p>Where a person who is already engaged in manufacturing covenants to manufacture an article registered as a trade-mark, at his sole cost and charge, and after deducting the actual cost of manufacture to pay over to the owner of the trade-mark one half of the net profits, the phrase, “ the actual cost of manufacture ” means simply the actual cash paid out for material and for wages of employees exclusively engaged in the manufacture of the article, and does not include other expenses which were incident to the manufacturer’s general business; and he will, therefore, not be allowed to charge interest on his capital invested, nor rent for his own building used in the business.</p>